Items 2a and 2b
Staff Report to the Zoning Board of Adjustment
Meeting of February 12, 2013
Requested Action:
Special Exception from Section 130-310 “Buffer and screening standards”
to reduce the requirement of an opaque fence along a portion of the lot line
between a proposed commercial development and an existing single
family residence for a distance of 20 feet.
Applicant:
Dannay Kham
Owner:
Dannay and Vutha Kham
Subject Property:
Locally known as 5328 North Highway 146 and is legally described as Lot
1 of the Provost Minor Plat, Chambers County, Texas.
Parcel Information: Zoning:
Use:
North:
West:
East:
South:
Mixed Use (MU)
Proposed donut shop
Vacant
North Highway 146
Residential
Vacant
The following data is provided for the Board to use in its discussion and decision making:
Applicant wishes to build a donut shop. The site is zoned Mixed Use (MU). The Baytown
Zoning Code requires an opaque fence along the lot line between a proposed commercial
development and an existing single family residence. (Chapter 130 “Zoning”). The property to
the east of 5328 North Highway 146 is a single family residential use. The applicant has filed a
special exception application requesting that the opaque fence not be required along a portion of
the lot line between her property at 5328 North Highway 146 and an existing single family
residence for a distance of 20 feet beginning at the southeastern corner of Ms. Kham’s property
and extending 20 feet northward. This special exception request is because of a 20 foot wide
road easement which passes through Ms. Kham’s property and the two properties to the east of
Ms. Kham’s property.
There is no data on the effect of this type of special exception on property values of adjacent
properties.
The zoning ordinance states that one of the purposes of the ordinance is to “prevent or minimize
land use incompatibilities and conflicts among different land uses.” Buffer fencing is a means to
prevent or minimize land use incompatibilities between commercial and residential uses.
The City of Baytown is not a party to the road easement.
The Board may also consider information presented in the attached application and in any
testimony given at the public hearing.
Items 2a and 2b
In order to approve an application for a special exception, the Board of Adjustment shall make
an affirmative finding that the following criteria are met:
1. Ensure the same general level of land use compatibility as the otherwise applicable
standards;
2. Not materially and adversely affect adjacent land uses and the physical character of uses
in the immediate vicinity of the proposed development because of inadequate buffering,
screening, setbacks and other land use considerations;
3. Not adversely affect property values in any material way; and
4. Be generally consistent with the purposes and intent of this chapter.
Public Notification:
Notices mailed to property owners within 300 feet – 24